What is the test for reviewing a search warrant issued under s. 12 of the Criminal Code?
British Columbia, Canada
The following excerpt is from U.S.A. v PacNet Services Ltd., 2021 BCSC 649 (CanLII):
The parties agree that the test for reviewing the sufficiency of a search warrant issued under s. 12 of the Act is the same as that established in R. v. Garofoli, 1990 CanLII 52 (SCC), [1990] 2 S.C.R. 1421. In United States of America v. Wilson, 2010 BCCA 85 at para. 43, Justice Smith stated:
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